Is Mandatory Arbitration Likelier for ERISA Complaints?
9th Circuit Issues Major ERISA Arbitration Decision
A three-judge panel concluded that a precedent-setting appellate decision which held that ERISA claims are not arbitrable is “no longer good law” in light of interim Supreme Court rulings.
U.S. Supreme Court Lets Stand Denial to Compel Arbitration in USC ERISA Lawsuit
Plaintiffs' claims over retirement plan investment and administration fees against the University of Southern California may now proceed.
USC Files Petition for Supreme Court to Review 9th Circuit’s Refusal to Compel Arbitration
The question before the high court is, “Whether an agreement to arbitrate ‘all claims’ that an ERISA plan participant ‘may have’ against a plan fiduciary encompasses a breach-of-fiduciary-duty claim under ERISA § 502(a)(2).”
Amicus Briefs Argue Against 9th Circuit USC Decision About Arbitration Agreements
The appellate court upheld a district court’s denial of defendants’ motion to compel arbitration, concluding that the dispute fell outside the scope of the arbitration agreements because the claims were brought on behalf of the ERISA plans, not the individuals.